EAST LANSING, Mich. (Michigan News Source) – Michigan State University’s controversial new trustee ethics policy just picked up another critic, and this one specializes in free speech fights.
The Foundation for Individual Rights and Expression (FIRE) sent a letter to the MSU Board of Trustees arguing that the university’s recently adopted Code of Ethics and Conduct violates the First Amendment by restricting elected trustees from publicly criticizing university decisions, administrators, or board actions.
The letter states, “The revised code violates the First Amendment by restricting trustees’ ability to speak about university affairs, criticize institutional decisions, and communicate candidly with the people they were elected to represent. FIRE therefore calls on the Board to revise the code to eliminate its unconstitutional defects and avoid chilling public debate about the governance of one of Michigan’s premier public institutions.”
Support the majority – or else?
The controversy stems from a May 17 vote where trustees approved revisions requiring board members to support majority board decisions, avoid “undermining” board actions, and help uphold the university’s reputation. Trustees who refuse to comply can face sanctions. FIRE reports that Trustees Rema Vassar and Mike Balow have already been sanctioned for refusing to sign the statement of acknowledgement.
The changes came after months of public disagreements involving trustees Vassar, Balow, and Denno. Those disputes included criticism of MSU’s rollback of DEI programs, questions about university investments, and concerns regarding General Counsel Brian Quinn.
Board Chair Brianna Scott defended the revisions, saying some trustees had been spreading misinformation, undermining the administration, and interfering in personnel matters. According to FIRE, however, that’s exactly the kind of political disagreement the First Amendment is designed to protect.
Then the President left.
Adding fuel to the fire is the sudden departure of MSU President Kevin Guskiewicz. Just ten days after the board approved its new ethics rules, Guskiewicz announced he was leaving East Lansing for the presidency at Clemson University.
In his farewell message, Guskiewicz made it clear that ongoing board turmoil factored into his decision to leave. He said that “too much energy has been spent revisiting past conflicts and internal disagreements.” He also criticized some trustees for publicly undermining board decisions, advancing personal agendas, and leaking confidential information. According to Guskiewicz, “the ongoing and continuous nature of the aforementioned actions has created an unsustainable situation.”
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His departure is especially notable because it comes with a substantial reduction in pay. Guskiewicz reportedly was offered $2 million annually at Michigan State and an extension of his contract through 2031, while Clemson’s announced contract is worth $1.216 million per year. The move suggests that concerns about the university’s governance climate may have outweighed financial considerations. In a letter cited by FIRE, Trustee Brianna Scott acknowledged that Guskiewicz was “frustrated,” adding that trustees wanted to “foster an environment where he can be successful in his leadership and his vision for Michigan State University.”
A board at war with itself.
FIRE’s argument against MSU’s new Code of Ethics rules is simple: Michigan voters elect university trustees to debate, disagree, and publicly explain their positions. The organization says requiring trustees to support majority decisions or avoid “undermining” the board amounts to viewpoint discrimination and chills public debate.
Whether the board revises the policy remains to be seen. But FIRE’s message to MSU was clear: trustees elected to represent the public cannot be expected to remain silent or uniformly endorse every board decision simply because they were on the losing side of a vote.
